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Legalis : Journal of Law Review
Published by PT Penerbit Ilmiah Indonesia
ISSN : -     EISSN : 30308658     DOI : https://doi.org/10.61978/legalis
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Legalis : Journal of Law Review with ISSN Number 3030-8658 (Online) published by Indonesian Scientific Publication, published original scholarly papers across the whole spectrum of law. The journal attempts to assist in the understanding of the present and potential ability law review.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 67 Documents
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Reconstructing Consumer Protection Against Dark Patterns in Indonesian E-Commerce Law Biner Sihotang; Didi Jubaidi
Legalis : Journal of Law Review Vol. 4 No. 4 (2026): October 2026
Publisher : PT Penerbit Ilmiah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v4i4.1782

Abstract

The expansion of electronic commerce has shifted consumer risk from conventional misinformation toward manipulation of the digital decision-making environment. This study examines whether Indonesian law adequately addresses dark patterns and develops a legally operational reconstruction model. The study's distinctive contribution is not merely the recognition of dark patterns, which has already been discussed in Indonesian scholarship, but the formulation of a four-part regulatory architecture that connects (i) an effect-based legal definition of dark patterns, (ii) fair digital interface duties, (iii) meaningful consent standards, and (iv) behavioural accountability of electronic-system and platform providers, together with a defined allocation of legislative, administrative, and remedial functions. The normative analysis covers Law No. 8 of 1999 on Consumer Protection, the Civil Code, Law No. 1 of 2024 amending the Electronic Information and Transactions Law, Law No. 27 of 2022 on Personal Data Protection, Government Regulation No. 71 of 2019, Government Regulation No. 80 of 2019, and the current Minister of Trade Regulation No. 19 of 2026 on Electronic Commerce. Comparative analysis examines the European Union, the United States, the United Kingdom, and Singapore through common functional criteria: recognition of manipulative conduct, consent standard, interface obligations, platform responsibility, enforcement authority, and remedies. The findings show that Indonesian law can indirectly reach several dark-pattern practices through information, good-faith, contract, consumer-protection, and data-protection norms, but it lacks an explicit cross-cutting standard for manipulative choice architecture and a coordinated enforcement pathway. The proposed reconstruction therefore supplements, rather than replaces, existing regimes by introducing an effect-based prohibition, minimum interface standards, meaningful-consent safeguards, platform compliance duties, coordinated supervision, and consumer remedies.
Between Punishment and Protection: A Comparative Normative Study of Indonesian and Thai Criminal -Law Responses to Bullying in Senior High Schools Sarmadan Pohan; Irman Puansah; Malim Soleh Rambe
Legalis : Journal of Law Review Vol. 4 No. 2 (2026): April 2026
Publisher : PT Penerbit Ilmiah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v4i2.1805

Abstract

Bullying in senior high schools engages not only educational and psychological concerns but also difficult questions of legal qualification, juvenile criminal responsibility, and child protection. This article addresses a specific doctrinal problem: how two civil-law-influenced Southeast Asian systems—Indonesia and Thailand legally qualify and respond to bullying committed by, and against, school-aged children, and to what extent their frameworks adequately reconcile the penal response with the best interests of the child, assessed against five normative benchmarks: legality and legal certainty, the best interests of the child, proportionality, ultimum remedium, and victim protection. The study is doctrinal and comparative. For Indonesia it examines the new Criminal Code (Law No. 1 of 2023, in force 2 January 2026), the Child Protection Act (Law No. 35 of 2014, Arts 76C and 80), the Juvenile Criminal Justice System Act (Law No. 11 of 2012), and the Ministerial Regulation on the Prevention and Handling of Violence in Educational Units (Permendikbudristek No. 46 of 2023); for Thailand it examines the Penal Code (ss 73-75, as amended in 2022), the Child Protection Act B.E. 2546 (2003, ss 22, 26–27, 29 and 40-42), and the Juvenile and Family Court and Procedure Act B.E. 2553 (2010, ss 86 and 90). Applying six explicit comparative criteria legal definition, minimum age of criminal responsibility, resolution mechanisms, sanctions and measures, victim protection, and restorative orientation the analysis finds the two systems to be more convergent than a punitive/preventive dichotomy suggests: both decline to criminalise bullying as a discrete offence, both set the minimum age of criminal responsibility at twelve, and both prioritise diversion, protective measures, and administrative school-level mechanisms over punishment. The principal differences lie in the specificity of the regulatory definition of bullying and in institutional design. Measured against the benchmarks, both frameworks are adequate as regards the best interests of the child, proportionality, ultimum remedium, and victim protection, but only partially adequate as regards legal certainty, because neither criminal law captures the repeated and relational structure of bullying. The article draws doctrinal implications for Indonesian reform. It does not assess enforcement in practice.
Overtourism, Consumer Protection, and Destination Authenticity: A Comparative Legal Analysis of Indonesia, Malaysia, and Thailand Agustianto Agustianto; Citra; Nurlaily; Hari Sutra Disemadi
Legalis : Journal of Law Review Vol. 4 No. 4 (2026): October 2026
Publisher : PT Penerbit Ilmiah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v4i4.1855

Abstract

Despite its role in local economic empowerment and broader economic growth in Indonesia, Malaysia, and Thailand, tourism activities can also present negative impacts for a tourism destination and tourists as consumers, particularly when the activities threaten the authenticity of the said destination. This phenomenon, often referred to as overtourism, raises legal issues regarding whether existing consumer-protection duties and remedies address losses from changed destination conditions. Employing doctrinal legal research with statutory and comparative approaches, this study compares business-actor duties, misleading information, remedies, and gaps against tourism-development and sustainability norms. The findings reveal that Indonesia’s information and business-actor duties may apply to misrepresented tourism services but do not expressly cover degradation without a breached duty; Malaysia offers conditional service guarantees and remedies but requires a qualifying supplier failure; and Thailand controls misleading advertising, while visitor restrictions depend on separate destination authority. No provision examined expressly treats authenticity loss itself as an independent consumer claim. To address these gaps, this study proposes a consumer-protection framework linking formally determined carrying-capacity thresholds to proportionate visitor restrictions, tourist information, and remedies available under applicable law. The findings imply that closures and revenue allocation require authority under domestic law.
Comparative Legal Protection of Female Tourism Workers in Indonesia and Malaysia: An SDGs 5 and 8 Analysis Ampuan Situmeang; Jolyn; Hanifah Ghafila Romadona; Lu Sudirman; Febri Jaya
Legalis : Journal of Law Review Vol. 4 No. 4 (2026): October 2026
Publisher : PT Penerbit Ilmiah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v4i4.1856

Abstract

The protection of female workers in the tourism industry in Indonesia and Malaysia raises legal challenges concerning discrimination, wage inequality, maternity protection, and sexual harassment in the workplace. These issues are important because the tourism sector employs many women and may expose them to unequal treatment and vulnerable working conditions. This study seeks to examine and compare the legal frameworks governing such protection across equality and non-discrimination, remuneration, working time, maternity protection, violence and sexual harassment, statutory coverage, and enforcement, and to formulate an ideal protection model based on the Sustainable Development Goals (SDGs). This study adopts a normative juridical approach using statutory and comparative analysis of legal materials applicable through September 2026 in Indonesia and, for the Employment Act 1955, Peninsular Malaysia and Labuan, selected for relevance to those dimensions. The findings indicate that Indonesia generally combines substantive statutory guarantees with differentiated protections relevant to female workers, while Malaysia more often relies on general employment standards supported by administrative and complaint mechanisms. The comparison identifies normative differences and gaps, particularly in remuneration and enforcement design. The resulting model integrates substantive rights protection, accessible enforcement and remedies, clear and inclusive statutory coverage, and jurisdiction-sensitive implementation, aligned with SDG Targets 5.1, 5.2, 8.5, and 8.8.
Integrated Assessment Team Expertise and Judicial Discretion in Narcotics Rehabilitation Decisions: A Restorative Justice Analysis of the National Narcotics Agency's Role Diovanni Nurfuzi Sari Hendona; Indra Yudha Koswara; Margo Hadi Pura
Legalis : Journal of Law Review Vol. 4 No. 3 (2026): July 2026
Publisher : PT Penerbit Ilmiah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v4i3.1861

Abstract

Narcotics abuse presents criminal justice systems with the challenge of balancing criminal accountability and recovery-oriented interventions for individuals experiencing dependence. This study examines the role of the National Narcotics Agency (BNN), particularly through the Integrated Assessment Team (IAT), in supporting judicial decisions ordering medical rehabilitation from a restorative justice perspective. This study employs doctrinal legal research using documentary and case approaches. The analysis is based on statutory provisions, institutional documents, academic literature, and Case Number 1/Pid.Sus/2026/PN Mar as an illustrative judicial case. The study applies statute, conceptual, and case approaches to examine the relationship between multidisciplinary assessment expertise and judicial independence. The findings indicate that BNN functions not as a decision-making authority but as an institutional provider of scientific, clinical, and legal assessment that assists judges in evaluating rehabilitation eligibility. The IAT recommendation has persuasive relevance because it provides multidisciplinary information concerning dependency status, rehabilitation needs, and legal classification of the defendant. However, such recommendation does not replace judicial authority. This study proposes the concept of a reasoned departure model, where judges retain discretion to accept or depart from IAT recommendations but should provide explicit reasoning based on evidence and legal considerations when doing so. The study contributes to restorative justice scholarship by demonstrating how institutional expertise and judicial independence can be integrated within rehabilitation-oriented sentencing. The findings from Case Number 1/Pid.Sus/2026/PN Mar should be understood as case-specific evidence illustrating this relationship rather than as a representation of national judicial practice.
Transition of Environmental Approval Authority in Environmental Supervision: An Administrative Law Analysis of the Regulatory Gap Rosi Liandani; Wahyu Donri Tinambunan; Wiwin Triyunarti
Legalis : Journal of Law Review Vol. 4 No. 3 (2026): July 2026
Publisher : PT Penerbit Ilmiah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v4i3.1871

Abstract

Changes in the authority to issue Environmental Approvals have created administrative law challenges, particularly regarding the supervision of business activities that obtained Environmental Approvals under previous regulations while new legal frameworks assign authority to different governmental levels. This study aims to analyze supervisory authority during the regulatory transition period and identify potential overlaps arising from changes in the distribution of authority for issuing Environmental Approvals. This research employs a normative legal method using statutory, conceptual, and case approaches. The analysis is based on relevant environmental and administrative law regulations governing authority, environmental management, and supervision. The findings demonstrate that the existing regulatory framework has not fully provided legal certainty regarding supervisory authority during the transition period. Overlapping authority may occur when multiple government institutions supervise the same activities, obligations, and violations without clear coordination mechanisms, potentially resulting in duplicate supervision. This study proposes the concept of a Transitional Environmental Supervisory Authority based on the principles of “One Activity, One Lead Supervisory Authority” and “Coordinated Supervision” to strengthen legal certainty, institutional coordination, and continuity of environmental oversight. The proposed framework provides a regulatory perspective for resolving transitional supervision issues in environmental governance.
Contractual Amendments and the Validity of Land Security Rights: A Doctrinal Analysis of Indonesian Supreme Court Decision No. 3558 K/Pdt/2018 Masayu Robianti; Sri Zanariyah
Legalis : Journal of Law Review Vol. 4 No. 4 (2026): October 2026
Publisher : PT Penerbit Ilmiah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v4i4.1962

Abstract

This study examines whether disputed amendments to a commercial supply relationship altered or replaced the principal obligation secured by land security rights and how Indonesian courts assessed consent, documentary proof, and enforceability. The research uses a normative juridical method with statutory, case, and conceptual approaches, focusing on a connected litigation sequence: District Court of Tanjungkarang Decision No. 10/Pdt.PLW/2016/PN.Tjk, High Court of Tanjungkarang Decision No. 57/PDT/2017/PT.TJK, and Supreme Court Decision No. 3558 K/Pdt/2018. The analysis distinguishes party allegations from judicially established findings and applies a consistent test to the original obligation, the alleged contractual modification, the continuity of the secured debt, the evidentiary force of authentic deeds, and the burden of proof. The judgments did not establish fraud or a legally effective novation. Instead, they upheld the SKMHT, APHT, and powers of attorney because the challengers did not prove a defect in consent, authority, or the secured relationship sufficient to defeat the instruments relied upon in enforcement. The case also shows that authenticity is evidentiary strength, not immunity from challenge: a party contesting an authentic instrument must direct proof to a legally recognized ground of invalidity and to the relationship between the secured debt and the disputed amendment. The article therefore offers a narrower doctrinal contribution: a structured method for testing contractual variation or novation against the accessory character and evidentiary requirements of Indonesian land security rights.

Page 7 of 7 | Total Record : 67

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